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AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
APRIL 23, 2002
Roll Call: 7:00 p.m.
Ceremonial
Matters: In
addition to those items listed on the agenda, the Mayor may add additional
ceremonial matters.
-
Proclamation
Celebrating Young Americans and Dia de los Ninos
-
Proclamation
for National Child Abuse Prevention Month
-
Proclamation
for Child Care Appreciation and the Bananas organization
-
Proclamation
for Peace
Comments
from the City Manager: The City Manager may make announcements or provide information to the
City Council in the form of an oral report.
The Council will not take action on such items but may request the
City Manager place a report on a future agenda for discussion.
Comments
from the Public: A
total of 30 minutes is scheduled. Each
speaker is limited to a maximum of 3 minutes.
Council
Action: The
City Council may take action related to any subject listed on the Agenda.
The
Council will consider removal and addition of items to the Consent
Calendar prior to voting on the Consent Calendar.
All items remaining on the Consent Calendar will be approved in one
motion. Items removed from
the Consent Calendar will be taken up after the “Action Calendar”
unless the Council reorders the agenda.
-
Confidentiality
of Taxpayer Information (CF
75-01) (first
reading 04/16/02 –unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance adding Chapter 7.26 to the
Berkeley Municipal Code (BMC) to protect all confidential information
provided by taxpayers to the City, and repealing Section 9.04.090.
Contact:
Fran David, Finance, 981-7300
-
Lease
Agreement for 1900 Addison Street
(first reading 04/16/02 –unanimous)
From: City Manager
Recommendation:
Adopt second reading of an Ordinance authorizing the City
Manager to execute a twenty-one month lease agreement and any
necessary amendments with Sasha Shamzad for real property located at
1900 Addison Street, in an amount not to exceed $232,115 including
monthly lease payments, operating expenses, property taxes, insurance
and minor tenant improvements to house the offices of Youth Works,
Police Review Commission, and other personnel and activities as may be
required; and approving two additional two-year options to extend the
term of the lease.
Contact: Rene Cardinaux, Public Works, 981-6300
-
Amendment
To Creeks Ordinance Definition Of “Creek” And Adding A Provision
To Allow For The Establishment Of Fees
(CF 55-01)
From:
City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) section 1 7.08.030.A to redefine “creek” allowing the
City to maintain maps reflecting the presence of such creeks for the
guidance of the public and adding a provision to allow for the
establishment of fees for the administration of the chapter.
Contact: Manuela Albuquerque, City Attorney, 981-6950
-
Creation
Of Sick And Vacation Payouts Fund
From:
City Manager
Recommendation:
Adopt a Resolution establishing Fund 878 as the Sick and
Vacation Payouts Fund for the purpose of accounting for payouts of
unused and terminal sick and vacation benefits.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
-
Berkeley
Boosters Request for An Advance of $50,000 from FY 2003 Contract Funds
From: City Manager
Recommendation:
Adopt a Resolution advancing $50,000 from the FY 2003 Berkeley
Boosters contract funds to bridge the gap in securing grant funds and
reduce the FY 2003 contract by the same amount.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
-
Amendment
To FY 2002 Annual Appropriations Ordinance
From:
City Manager
Recommendation:
Adopt first reading of an Ordinance amending Annual
Appropriations Ordinance No. 6635-N.S. for Fiscal Year 2002 based upon
changes in funding in the amount of $3,681,796.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
-
Savo
Island Project Area Loan Agreement
From: City Manager
Recommendation:
Adopt a Resolution authorizing the amendment to the loan
agreement between the Berkeley Redevelopment Agency and the City
Retiree Medical Trust Fund in the amount of $600,000 to provide
assistance to affordable housing development located in or outside the
Savo Island project area and approve findings pursuant to Health and
Safety Code Section 33334.2(g).
Contact:
Phil Kamlarz, Deputy City Manager, 981-7000
-
Grant:
Federal Emergency Management Agency Assistance To Firefighters
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to apply for
and accept a grant from the Federal Emergency Management Agency (FEMA)
Assistance to Firefighters Grant Program in the amount of $241,823 to
fund program activities in Fire Operations and Firefighter Safety.
Contract:
Reginald Garcia, Fire, 981-3473
-
Purchase
Order Increase For Lincoln Pool Supplies
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
Purchase Order and any amendments with Lincoln Pool Supplies for pool
chemicals and equipment for a period of three years, through June 30,
2004, in an annual amount not to exceed $55,000, with approved
inflationary adjustments in Fiscal Years 2003 and 2004.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
-
Contract:
Sports Court Renovation
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to contract with Vintage Contractors, Inc. for sports court
renovations at Cedar Rose Park and Strawberry Creek Park to increase
amount by $58,000, for a total not to exceed $248,000 for the period
ending January 10, 2003.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
-
Purchase
Order: Radio Equipment
From:
City Manager
Recommendation:
Adopt a Resolution authorizing the sole source purchase of
radio equipment from MCE East Bay, Apex Industry Service, Inc. for
purchase of replacement parts and base station radios for various City
vehicles in an amount not to exceed $151,000 for the period July 1,
2001 through June 30, 2002.
Contact: Rene Cardinaux, Public Works, 981-6300
-
Contract:
Green Building Design Assistance Services
From:
City Manager
Recommendation:
Adopt
a Resolution authorizing the City Manager to waive competitive
solicitation requirements and execute a contract and any amendments
with the Green Resource Center (GRC) to provide green building design
assistance to commercial development, to develop GRC organizational
and fundraising capacity, and to develop a construction waste
diversion plan, in an amount not to exceed $50,000 from April 16, 2002
through June 30, 2003.
Contact:
Weldon Rucker, City Manager, 981-7000
-
Support
AB 2242 Increasing State’s Minimum Wage and Expanding Penalties for
Violations
From:
Mayor Dean
Recommendation:
Support AB 2242 that increases the penalties for violations of
the State minimum wage law and that, as now being revised, will
include indexing of the State minimum wage to inflation, and request
that the City Clerk notify our Sacramento legislators and lobbyist of
the City’s support. Include
in this correspondence a recommendation for vastly improved
enforcement measures, as discussed below.
Contact:
Shirley Dean, Mayor, 981-7100
-
Approve
the Substitution of the Public Art Sculpture, the Peace Bell for
the Previously Approved Sculpture, Millennia
From: Mayor Dean
Recommendation:
Approve the substitution of the Peace Bell for the
previously approved work, Millennia.
Contact:
Shirley Dean, Mayor, 981-7100
-
Discontinue
Use by Knapp Excavators, Inc. for the Storage of Landfill in the
Waterfront Area South of University Avenue Known as The Brickyard
From:
Mayor Dean
Recommendation:
Request that the City Manager review the Use Permit of
Knapp Excavators, Inc. and determine if and how the existing permit
for this use can be terminated; if appropriate, write a letter to the
East Bay Regional Parks District (EBRPD) requesting the discontinuance
of the use by Knapp Excavators of the waterfront area south of
University Avenue known as the Brickyard for landfill storage, such
discontinuance to be accomplished as soon as possible.
If writing a letter to the Parks District is not the
appropriate action, the Manager is requested to report to the Council
on what other action it should take to terminate this use.
The Manager is requested to report back to the Council on the
outcome.
Contact:
Shirley Dean, Mayor, 981-7100
-
Fee
Waiver: West Berkeley
Market
From:
Councilmembers Maio and Breland
Recommendation:
Adopt a Resolution waiving all fees including the
application, sound and food sales permit fees for the West Berkeley
Market’s five Sunday festivals (June 2, July 14, August 11,
September 15, October 27) being sponsored by the West Berkeley
Neighborhood Development Corporation (WBNDC).
Contact:
Linda Maio, District 1, 981-7110; Margaret Breland, District 2,
981-7120
-
Fee
Waiver: Co-Sponsorship of
19th Annual Himalayan Fair
From:
Councilmembers Maio and Hawley
Recommendation:
Adopt a Resolution 1) cosponsoring
and waiving all fees associated with the event scheduled for May 25 to
May 26 at Live Oak Park. These
fees shall include the park usage fee for Live Oak Park, the rent fee
for the Live Oak Recreation Center, sound permit fees for Saturday and
Sunday, May 25 and 26 from 1 to 5 p.m. and food permit fees and 2)
waiving Berkeley Municipal Code (BMC) Section 20.24.040 to permit two
banners to be hung over or near Shattuck Avenue, to be placed in
consultation with staff.
Contact:
Linda Maio, District 1, 981-7110; Mim Hawley, District 5,
981-7150
-
Possible
Discontinuation of East Bay Certified Nurse-Midwife Panel at Alta
Bates Medical Center
From:
Mayor Dean
Recommendation:
Ask the City Clerk to write to Warren Kirk, President and CEO
of Alta Bates Summit Medical Center (Alta Bates), affirming Mayor
Dean’s letter of April 10, 2002, expressing its distress at the
possible loss of certified nurse-midwife services in the area, and
urging Alta Bates and other pertinent parties to meet to discuss ways
for these services to continue.
Contact:
Shirley Dean, Mayor, 981-7100
-
California
Renter Rights, Protections, and Housing Assistance Bills
From:
Councilmember Worthington
Recommendation:
Support the California Renters Rights, Protection, and
Housing Assistance Bills AB 2330, SB 1403, and SB 1227 and send
letters to Assemblymembers Dion Arorner and Carol Migden, Senator Don
Perata, Senator Kuehl, Senator Burton and Governor Gray Davis.
Contact: Kriss Worthington, District 7, 981-7170
-
Save Our Starving Artists
From:
Councilmember Worthington
Recommendation:
Refer to the City Manager what steps the City can take to
assist these artists to continue to live in Berkeley including but not
limited to: 1) provide staff advice to the artists to evaluate the
feasibility of forming a co-op to purchase the building, 2) consider creating a policy and procedure for waving
requirements for seismic strengthening (if required), and 3) consider
waiving requirements for timing of seismic retrofit if building
purchased by resident tenants.
Contact: Kriss Worthington, District 7, 981-7170
-
Oppose
Funding and Building of Delano II Prison
From: Councilmember Worthington
Recommendation:
Adopt a Resolution against the funding and building of
Delano II Prison.
Contact: Kriss Worthington, District 7, 981-7170
-
Increase
in Underrepresented Minority Student Enrollment and the Elimination of
the SAT Requirement in the University of California System
From: Councilmember Worthington
Recommendation:
Adopt a Resolution calling for an increase in
underrepresented minority student enrollment and the elimination of
the SAT requirement in the University of California system.
Contact: Kriss Worthington, District 7, 981-7170
-
Charter
Amendment To Extend Time To Redistrict After Decennial Census And
Consolidating Council, Mayoral And Auditor Elections To Coincide With
The Redistricting Cycles
From:
Councilmember Dona Spring
Recommendation:
Add an amendment to the April 16, 2002 recommendation from Mayor Dean to
change the effective date of redistricting by the Council requesting
that the City Manager develop a charter amendment which would allow
redistricting to occurs up to two years after the decennial census if
necessary; and in order to prevent bifurcation of the residents in new
and future redistricting plans, align all the council district
elections as well as the mayoral election in the year 2004.
This charter amendment should be placed on the Nov. 2002 ballot
to be effective at the next round of redistricting.
The change would not effect the current adopted redistricting
plan.
Contact:
Dona Spring, District 4, 981-7140
-
Strengthening The Creeks Preservation Ordinance
From:
Councilmember Dona Spring
Recommendation: Request
that the City Attorney return by the first meeting in July with a
finalized version of the revised Creek Preservation ordinance that
will better protect our creeks to prevent any kind of development such
as paving or creating driveways within 30 feet of a creek or
underground creek or a culverted creek; and that the City strengthen
its policy to open all underground creeks wherever possible.
-
Telecommunications
Task Force: Findings and Recommendations
From: City Manager
Contact:
Roger Miller, Secretary of Telecommunications
Task Force, 981-7000
Appeals:
-
Landmarks
Preservation Commission Appeals
of Martin Luther King Jr. Civic Center Park Repair and Rehabilitation
Project (to be
delivered)
a.
Appeal filed by Brandt-Hawley &
Zoia, on behalf of Friends of Civic Center Park and the Art Deco
Society of California on
the Landmarks Preservation Commission’s decision to certify the
Final Environmental Impact Report (EIR) and approve the Structural
Alteration Permit with conditions for the Martin Luther King Jr. Civic
Center Park Repair and Rehabilitation Project
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
Appeal filed by the City of Berkeley on
the Landmarks Preservation Commission’s decision to approve the
Structural Alteration Permit with conditions for the Martin Luther King
Jr. Civic Center Park Repair and Rehabilitation Project
Contact:
Sherry M. Kelly, City Clerk, 981-6900
c.
City Manager Report
Recommendation: Set a
public hearing for June 18, 2002, regarding the appeals of the Landmarks
Preservation Commission’s Notice of Decision to certify the Final
Environmental Impact Report and to approve the Structural Alteration
Permit for this project and provide direction to the City Manager
regarding the plan’s proposed removal of parking behind the Civic Center
Building.
Contact: Carol Barrett, Planning and Development, 705-8102
Landmarks
Preservation Commission Appeal
of Designation of 2004 & 2008 University Avenue
a.
Appeal
filed by Victor Touriel and Christopher J. Hudson
of the Landmarks Preservation Commission decision of February
4, 2002, which designated John M. Doyle House, 2004 & 2008
University Avenue as a Structure of Merit.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
City
Manager Report (to be
delivered)
Recommendation: Remand
the designation as a Structure of Merit to the Landmarks Preservation
Commission to consider issues raised in the appeal.
Contact: Carol Barrett, Planning and Development, 705-8102
Landmarks
Preservation Commission Appeal
of Designation of 1102 Tenth Street
a.
Appeal
filed by Carl Brodsky and Susan Nabeta-Brodsky
of the Landmarks Preservation Commission decision of February
4, 2002, which designated Thomas Jones House and Property, 1102 Tenth
Street, as a Structure of Merit.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
City
Manager Report (to be
delivered)
Recommendation: Remand
the designation as a Structure of Merit to the Landmarks Preservation
Commission to consider the issues raised in the appeal.
Contact: Carol Barrett, Planning and Development, 705-8102
Zoning Adjustments Board Appeal
of Use Permit A2354 – 959 Cragmont Avenue
a.
Appeal
filed by Melvin Honowitz of the Zoning Adjustments Board decision
of January 10, 2002, which approved modification of Use Permit A2354
to create a 400 square foot addition as part of an approved Use Permit
to construct a 386 square foot second dwelling unit at 959 Cragmont
Avenue.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
City
Manager Report
Recommendation: Adopt a
Resolution affirming the Zoning Adjustments Board’s approval of a
Use Permit to construct a 400 square foot second story addition, and
dismissing the appeal.
Contact: Carol Barrett, Planning and Development, 705-8102
c.
Communications
1) Avi Atid
NOTICE
CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City
Council to approve or deny a use permit or variance for a project the
following requirements and restrictions apply: 1) No lawsuit challenging a
City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code
'65009(c)(5)) a use permit or variance may be filed more than 90 days
after the date the Notice of Decision of the action of the City Council is
mailed. Any lawsuit not filed within that 90-day period will be barred.
2) In any lawsuit that may be filed against a City Council decision
to approve or deny a use permit or variance, the issues and evidence will
be limited to those raised by you or someone else, orally or in writing,
at a public hearing or prior to the close of the last public hearing on
the project.
Priority:
-
Funding
Recommendations For The FY 2002-2003 Community Development (CDBG)
Program And Emergency Shelter Grant (ESG) Programs
From:
City Manager
Recommendation:
Adopt a Resolution 1) approving the City Manager’s
final funding recommendations and budgets for the CDBG and ESG
Programs; 2) authorizing the City Manager to execute contracts
with agencies receiving funding and make two-month advance payments to
those agencies; 3) allocating $116,600 in Federal HOME monies to
administer the HOME Program and placing $1,049,400 into the Housing
Trust Fund; and 4) authorizing the City Manager to finalize and submit
the attached 2002 Annual Action Plan of the 5-year Consolidated Plan
to the U.S. Department of Housing and Urban Development (HUD), which
includes the applications for CDBG, ESG, and HOME Program funding, and
to execute the resultant agreements.
Contact:
Stephen Barton, Housing, 981-5400
a. Funding Recommendations For The FY
2002-2003 Community Development Block Grant (CDBG) Program And
Emergency Shelter Grant (ESG) Program
From: Housing Advisory Commission
Recommendation:
Approve the Housing Advisory Commission (HAC) funding
recommendations for the FY 2002-2003 CDBG and ESG Program as contained
in Exhibit 1 of the resolution contained in the City Manager’s
Council report on the same subject.
Contact: Oscar Sung, Secretary, 981-5410
Old Business:
-
Parking
Enforcement – Citation Authority Amendments
(Held over by Maio from 2/19/02, 2/26/02, 3/12/02 and
03/19/02)
From: City Manager
Recommendation: Adopt an Ordinance amending Berkeley Municipal Code (BMC)
sections 6.24, 14.36, 14.40, 14.44, 14.52,
and 14.64 relating to
parking and stopping of vehicles to permit multiple citations, issuing
citations at inoperable meters and correcting the parking meter fee
rates.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000, D.E. Butler,
Police, 981-5700, and Manuela Albuquerque, City Attorney, 981-6950
a.
From: Councilmember Maio
Recommendation:
Forward to the City Manager the
following recommendations: 1) beginning immediately, insert a
description of the pending changes into all citations for parking at
broken meters beyond the official time limit, including the rationale
for the new policy; 2) implement a “grace period” of several weeks
before initiating enforcement; 3) consider implementing stepped up
enforcement on Durant and Bancroft (pilot area) and studying its
efficacy before removing the meters entirely; and 4) provide a brief
description to Council of the outreach and communications effort, one
that we can use in replying to constituents.
Contact:
Linda Maio, District 1, 981-7110
-
Consider
a Citywide 20 MPH Speed Limit in Residential Areas
(Held over by Olds from 3/12/02 and 03/19/02)
From: Councilmember Worthington
Recommendation:
Refer to the Transportation
Commission consideration of a citywide 20 MPH speed limit in
residential areas.
Contact:
Kriss Worthington, District 7, 981-7170
-
Proclamation
Honoring Student Commissioners Day
(Held over by Olds from 3/12/02 and 03/19/02)
From: Councilmember Worthington
Recommendation:
Support the proclamation honoring
Student Commissioners Day.
Contact:
Kriss Worthington, District 7, 981-7170
-
General
Plan (Held over from 03/19/2002)
From: City Manager
Recommendation:
Adopt a Resolution
adopting the draft General Plan Introduction, Disaster Preparedness
and Safety Element, Open Space and Recreation Element, Environmental
Management Element, Economic Development and Employment Element, Urban
Design and Preservation Element, Citizen Participation Element, and
Implementation Element as amended by Attachments B1 and B2.
Contact: Carol Barrett, Planning and Development, 705-8102
-
Campaign
Finance Reform Through Public Finance of 2002 Berkeley Elections
(Held over by Armstrong from 03/19/2002)
From: Councilmember Worthington
Recommendation:
That Council indicate our intention
to implement campaign finance reform through partial matching fund
public financing of the City of Berkeley elections this November, and
request the City Manager to have attorneys review proposals for
Berkeley campaign finance reform.
Contact:
Kriss Worthington, District 7, 981-7170
-
Students
Voicing Opportunity and Increasing Commission Equity
(Held over by Hawley from 03/19/2002)
From: Councilmember Worthington
Recommendation:
Adopt Resolution proposed by students
titled “Students Voicing Opportunity and Increasing Commission
Equity” in City of Berkeley Boards and Commissions.
Contact:
Kriss Worthington, District 7, 981-7170
-
Relocation
of Kenney Cottage to the Marina (Held
over from 03/19/02)
From: Landmarks and Preservation Commission
Recommendation:
Budget up to $10,000 to allow the Kenney Cottage to be moved
from a temporary storage location at the Marina or other suitable
location to a site for future use of the building.
Contact:
Greg Powell, Secretary, 705-8114
a.
City
Manager
Recommendation:
Do not approve any funds for relocation of Kenney Cottage to
City property since taking on this project will require a substantial
financial commitment to rehabilitate the cottage.
Funds are not available for the project.
Contact:
Carol Barrett, Planning and Development, 705-8102;
Lisa Caronna, Parks and Waterfront, 981-6700
-
Transfer
of AT&T Cable Franchise to AT&T Comcast Corporation
(Held over by Armstrong
from 03/19/02)
From:
City Manager
Contact: Phil
Kamlarz, Deputy City Manager, 981-7000
-
Right Of Entry To Inspect
(Held over by Dean from 04/16/2002)
From: City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Section 1.16.010 to eliminate the requirement that
inspectors must provide 24 hours’ written notice of their intention
to inspect to an owner/occupant to make it consistent with current law
and practice.
Contact: Manuela Albuquerque, City Attorney, 981-6950
-
Charter
Amendment Changing the Effective Date of Redistricting
(Held over by Maio from 04/16/2002)
From: Mayor Dean
Recommendation:
Request the City Manager develop a
charter amendment which would provide for redistricting two years
after the decennial Census, with elections from the new districts to
be held a the next general election following this revised
redistricting process. This
amendment should be placed on the November 2002 ballot to be effective
at the next round of redistricting.
The change would not effect current redistricting.
Contact:
Shirley Dean, Mayor, 981-7100
-
Willard
Neighborhood Safe Routes to School Grant Implementation
(Held over by Armstrong from 04/16/2002)
From: Councilmember Worthington
Recommendation:
Refer to the City Manager to establish an inclusive
community process to finalize plans for the Willard Neighborhood Safe
Routes to School grant implementation and the effects on the
neighborhood, traffic, bike route and safety.
Contact:
Kriss Worthington, District 7, 981-7170
-
Location
of the New Alameda County Juvenile Justice Facility and Funding for
Supportive Programs for Families and Youth (Held
over by Hawley from 04/16/2002)
From:
Councilmembers Maio, Shirek, and Hawley
Recommendation:
Urge Alameda County to locate the new
Juvenile Justice facility in northern Alameda County and to emphasize
supportive programs for youth who are incarcerated and their families.
Also urge the County to base the number of beds needed on sound
research and the demonstrated success of supportive and diversionary
programs in other counties.
Contact: Linda Maio, District 1, 981-7110; Maudelle Shirek, District
3, 981-7130, Mim Hawley, District 5, 981-7150
a.
From:
Councilmember Maio
Recommendation:
Oppose the current plan for the new
Juvenile Justice Facility and urge Alameda County to locate the new
facility in northern Alameda County and to emphasize supportive
programs for youth who are incarcerated and their families.
Also urge the County to reconsider its size and base the number
of beds needed on sound research and the demonstrated success of
supportive and diversionary programs in other counties.
Contact:
Linda Maio, District 1, 981-7110
-
Vandalized
Berkeley Hillel and Other Incidents Aimed at the Jewish Community
(Held over by Armstrong from 04/16/2002)
From: Councilmember Worthington
Recommendation:
Follow up on our designation of
Berkeley as a hate free zone by bringing together representatives of
different groups and individuals that have been the target of hate
actions in Berkeley, in a city sponsored public event embracing all
the affected communities.
Contact:
Kriss Worthington, District 7, 981-7170
-
Assisting
Afghan Victims of the Devastating Earthquakes
(Held over by Breland from 04/16/2002)
From:
Councilmember Spring
Recommendation:
Adopt a Resolution granting $3000 to assist the Afghanistan
victims of the devastating earthquakes; and request the City Manager
to give City employees information on this opportunity to donate to
the relief efforts.
Contact: Dona Spring, District 4, 981-7140
-
Anti-Graffiti Ordinance
(Held over by Olds from 04/16/2002)
From: Councilmember Hawley
Recommendation:
Request that the City Manager draft an Ordinance that will
enable the City to establish an effective graffiti abatement program
for both private and public properties.
Contact:
Miriam Hawley, District 5,
981-7150
-
Prompt Removal of Hate Graffiti
(Held over by Olds from 04/16/2002)
From: Mayor Dean and Councilmember Olds
Recommendation:
Establish and enforce a policy that
all hate graffiti reported to any City department by any source will
be removed within 24 hours.
Contact:
Shirley Dean, Mayor, 981-7100, Betty Olds, District 6, 981-7160
-
Support
for New Auto Related Uses on University Avenue Contingent on a Public
Hearing (Held over by Hawley from 04/16/2002)
From: Councilmember Spring
Recommendation:
Support allowing new auto related
uses on University Avenue with the requirement that all new auto
related uses are subject to a public hearing before approval or
disapproval.
Contact:
Dona Spring, District 4, 981-7140
-
Policy on Zoning Project Notices
(Held over by Armstrong from 04/16/2002)
From: Councilmember Spring
Recommendation:
Adopt a policy that the Zoning
Officer include, as a matter of course in both the notice and the
summary that appear on Zoning Adjustments Board agendas: 1) the total
lot-size of the project site, in square feet; 2) the number of
affordable units, and the depth of their affordability, as well as a
brief reference to how that number accords with the requirements of
the Berkeley Municipal Code (BMC) Title 23, section 23C.12.030; 3) the
total number of dwelling units in the project, or square feet of gross
floor area for non-residential projects; 4) the maximum residential
density for the project-site; 5) the total square footage of any
commercial or other non-residential area of the project; 6) the total
number of floors of the project; and 7) the average and maximum height
of the project.
Contact: Dona Spring, District 4, 981-7140
New Business:
-
Predatory
Home Lending Practices
From:
Housing Advisory Commission
Recommendation:
Direct staff to research the issue of
predatory lending and explore the feasibility of developing
legislative action and/or an educational strategy to curb predatory
lending practices.
a.
City Manager
Recommendation:
The City Manager concurs with the Housing Authority
Advisory Commission’s recommendation on the condition that the state
superior court adjudicates in favor of the City of Oakland in the
court action challenging Oakland’s Predatory Home Lending Ordinance.
Contact:
Stephen Barton, Housing, 981-5400
-
Crisis In The Middle East
From:
Peace and Justice Commission
Recommendation: Adopt
a Resolution 1) establishing a policy for the City of Berkeley
prohibiting contracts for personal services and financial investments
with those who do business in or with Israel and Palestine, and
prohibiting the purchase of commodities produced in Israel and
Palestine or provided by those who do business in or with Israel and
Palestine until the United Nations declares that peace has been
restored; 2) supporting the use of international peacekeeping forces
to protect all civilians, health workers, and media workers in
Palestine and Israel; 3) opposing all violations of law by the
governments of Israel and Palestine, including the law of the
Nuremberg Principles, the United Nations Charter, the Geneva
Convention, and all human rights treaties; 4) calling for hearings in
the United States Senate and House under the United States Foreign
Assistance Act as to whether the government of Israel or Palestine
“engages in a consistent pattern of gross violations of
internationally recognized human rights,” making it ineligible for
any United States “security assistance” without a waiver; 5)
supporting all efforts by individuals and groups toward a just
peace in Israel and Palestine, including the recommendation of the
Berkeley Fellowship of Unitarian Universalists Social Justice
Committee to wear armbands for peace; 6) opposing the sale of any
United States weapons to foreign entities to be used against
civilians; and 7) send copies this Resolution to Senators Barbara
Boxer and Dianne Feinstein, Representative Barbara Lee, and the United
Nations Human Rights Commission.
Contact:
Manuel Hector, Secretary, 981-5110
a.
From: City Manager
Recommendation:
The City of Berkeley has a long history of supporting
nonviolent resolutions to conflicts, and I concur with the
Commission’s recommendations seeking a peaceful resolution to the
current crisis in the Middle East.
I
request that no action be taken on Recommendations 1, 4, 6 and 7 as
there has been insufficient time to consider the implications of these
recommendations. Staff
will analyze these measures and submit a report for Council
consideration at the meeting of May 28, 2002.
Contact:
Fred Medrano, Health and Human Services, 981-5100
-
Interim
Controls On Office Development In The MU-LI (Mixed Use-Light
Industrial) District (to
be delivered)
From:
The Planning Commission
Recommendation: Adopt
an Ordinance amending the Zoning Ordinance (BMC Title 23E.80.030) to
prohibit for one year: (1) the conversions of existing building space
from any other use to office; and (2) the development of new office
uses (excluding ancillary office uses) in the mixed-use light
industrial (MU-LI) zoning district.
That the City Council revise its June 12, 2001 recommendation
regarding interim controls on office development in the MU-LI to
replace the terms “Green Economy” and “Green Business” with
“Green Light Industry.”
Contact: Steve Solomon, Secretary, 705-8315
a.
From: City Manager (to
be delivered)
Recommendation:
That the City Council: 1)
not adopt a moratorium on office conversion and development in the MU/LI
district at this time; and 2) do not adopt an amendment altering the
definition of office use for the MU-LI district; and 3) direct Staff
to track applications and permitting activity in West Berkeley and
report on a regular basis to the Council, Planning Commission and
Zoning Adjustments Board; and 4) direct Staff to report to the
Planning Commission on the mechanisms for tracking the use of space
for artists and artisans within the context of existing Ordinance
requirements.
Contact:
Carol Barrett, Planning and Development, 705-8102
-
U.S. Drug Enforcement Agency Raids of Bay Area Medical
Marijuana Facilities
From:
Police Review Commission
Recommendation:
That Council: 1) ask the City Manager to direct the Police
Department not to cooperate with U.S. Drug Enforcement Agency
investigations of or actions taken against medical marijuana clubs
operating in the City in accordance with California state law and City
ordinances; 2) issue a public statement supporting the law enforcement
officials in San Francisco who have publicly stated that their job is
to enforce the laws of the State of California approving the use of
medical marijuana; 3) endorse HR 2592, a bill authored by
Representative Barney Frank (D-Mass), “The States’ Rights to
Medical Marijuana Act” (attached); and 4) send letters detailing
this action to Senators Barbara Boxer and Dianne Feinstein,
Representative Barbara Lee, Attorney General John Ashcroft, and DEA
Administrator Asa Hutchinson.
Contact: Barbara Attard, Secretary, 644-6716
a.
From: City Manager
Recommendation:
Do not support the Police Review Commission request 1) to
direct the Berkeley Police Department not to cooperate with U.S. DEA
investigations of or actions against medical marijuana clubs operating
in the City of Berkeley in accordance with California state law and
Berkeley City ordinances; and 2) issue a public statement supporting
the law enforcement officials in San Francisco who have publicly
stated that their job is to enforce the laws of the State of
California approving the use of medical marijuana.
Support
the request to 3) endorse HR 2592, a bill authored by Representative
Barney Frank (D-Mass), “The States Rights Medical Marijuana Act”
(attached); and 4) send letters detailing this action to Senators
Barbara Boxer and Dianne Feinstein, Representative Barbara Lee,
Attorney General John Ashcroft, and DEA Administrator Asa Hutchinson.
Contact: D.E. Butler, Police, 981-5700
-
Support
For Ed Rosenthal
From: Police Review Commission
Recommendation: 1)
Request the City Manager ask the City Attorney to file an amicus brief
in support of Ed Rosenthal, who was arrested by the U.S. Drug
Enforcement Agency (DEA), and offer assistance to his legal defense;
2) Request the City Manager prepare a letter in support of Mr.
Rosenthal; and 3) Send letters detailing this action to Senators
Barbara Boxer and Dianne Feinstein, Representative Barbara Lee,
Attorney General John Ashcroft, and DEA Administrator Asa Hutchinson.
Contact: Barbara Attard, Secretary, 644-6716
a.
From: City Manager
Recommendation:
The City Manager recommends against adopting the Police
Review Commission’s request to have the City Attorney “file and
amicus brief” in the federal criminal prosecution of Ed Rosenthal
and to write letters in this regard.
Contact: Manuela Albuquerque, City Attorney, 981-6950, D.E. Butler,
Police, 981-5700
-
Designation
Of A Transportation-Related Project To Be Financed With The City’s
Housing Incentive Program Award
From:
City Manager
Recommendation:
Adopt a Resolution designating a project to create a pedestrian and
bicycle path on the Santa Fe Right-Of-Way (SFROW) between Strawberry
Creek Park and Delaware Street, including a mid-block
pedestrian-activated stop light on University Avenue, as the City’s
priority for expenditure of its $1 million Housing Incentive Program
(HIP) award, with allocation of funds to the SFROW to be conditioned
on the Berkeley Montessori School granting public access through its
property at 1310 University Avenue.
Contact:
Carol Barrett, Planning and Development, 705-8102, Lisa Caronna,
Parks and Waterfront, 981-6700, Peter Hillier, Transportation,
981-7000
a.
From:
Parks and Recreation Commission
Recommendation:
If the Berkeley Montessori School is willing to grant a public
right-of-way, allocate the Housing Incentive Program Grant award to
the proposed pedestrian and bicycle path on the Santa Fe Right-of-Way.
Contact: Jay Kelekian, Secretary, 981-6707
-
Status of Disaster Preparedness Program
From:
Disaster Council
Contract:
Reginald Garcia, Fire, 981-3473
-
In-House Training Program
From:
City Manager
Contact: Fred Medrano, Health and Human Services, 981-5100
-
EBMUD
Public Power Prefeasibility Report
From:
City Manager
Contact:
Stephen Barton, Housing, 981-5400
-
Rental Housing Safety Program (RHSP) Update
From:
City Manager
Contact:
Stephen Barton, Housing, 981-5400
-
Gun Legislation (CF
03-02)
From:
City Manager
Contact: D.E. Butler, Police, 981-5700
Council
rules limit action on Communications to referral to the City Manager
and/or Boards and Commissions for investigation and/or recommendations.
Page
No.
-
Regarding the General Plan
-
Edna F. Todd
-
Howie Muir
-
Merrilie Mitchell
-
Jean Tepperman, regarding 2517 Sacramento Street
-
Jason Meggs, regarding Telegraph and Russell intersection
-
Juliet Lamont and Lisa Viani, regarding Codornices Creek
-
Susan K. Springborg, American Soils Property
-
Regarding 2323 Glen Avenue
-
Mary Ann Brewin
-
Juliet Lamont and Phil
Price
-
Regarding West Berkeley moratorium
-
Doug Herst
-
Alfa Parts
-
Sandy Simon
-
Michael Goldin
-
Zack Pretti
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